If you or anyone you know fears for their life because of the actions of an abusive partner, act immediately and file a restraining order against the abuser.
A restraining order is a court mandate intended to protect you from someone who has harmed you. These are enforced to keep the abuser away from you and to stop the abuser from harassing you. Restraining orders call for the abuser to stay away from your home, school, or place of employment.
Victims of domestic abuse can get a restraining order, which includes any person who has been subjected to domestic abuse by a spouse or a housemate; a victim can be of any age. Domestic violence occurs when someone is assaulted, burglarized, sexually assaulted, kidnapped, stalked, or is subjected to other crimes.
What Does a Restraining Order Do?
Judges can sign a restraining order for victims of domestic abuse that requires the abuser to stay away from the victims by law. Restraining orders are specific in detailing what the abuser can and cannot do. The abuser will be restricted from having any contact with you, which includes both physical and digital contact. Abusers will not be able to walk up to you, text you, call you, or try engaging with you on social media. These orders can also protect other people in your family. Depending on the situation, courts may order the abuser to leave the house that you two shared, even if the house is under the abuser’s name.
If children are involved, the victim will be granted full custody of the children. In some cases, abusers will still have to pay for child support. Child safety needs to be taken seriously, so let the judge know if the abuser has also been violent with the kids. Judges will strip away an abuser’s visitation rights if they have a history of mistreating their children.
Police will be ordered to escort the abuser when they are removing personal items from the residence so that you are protected in the event that you and the abuser must speak. Understand that you have the right to police protection, so make sure to carry your restraining order with you at all times. In case your restraining order is misplaced or destroyed, return to the court as soon as possible and obtain another copy.
What Can I Do If the Abuser Violates the Order?
If the abuser violates any part of the contract, call the police immediately. In instances where the abuser attempts to contact you or comes over to your house, the local police will have to sign a criminal complaint about contempt of the court order. Criminal charges can only be filed at your local police department.
For serious cases, a prosecutor will take your case to state or criminal court. Police can also file criminal charges and must do so if the victim presents any signs of injury or if a weapon was used against them. If the abuser is found guilty of criminal charges, then the court can impose fines, probation, or jail time.
Filing a restraining order is an emotionally taxing process that is especially intimidating when you are trying to heal from abuse. Hold the people who have harmed you accountable and request the assistance of a divorce lawyer. Contact The Ault Firm today and we will ensure that you can move forward with your life without having to live in fear.